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Data Protection

How do I obtain information for legal proceedings?

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Such requests would usually be made to us by your legal representative, however, disclosure may be considered to a ‘litigant in person’ if appropriate. We may ask you to provide proof of the legal proceedings in question.

A request will need to be made to us in writing at the below:

data.protection@nottinghamshire.pnn.police.uk

Information Management, Sherwood Lodge, Arnold, Nottingham, NG5 8PP

We may ask your legal representative to provide consent to show that they have authority to act on your behalf.

Such requests will require a fee to be paid. Details regarding disclosure fees are available via the following link:

http://www.nottinghamshire.police.uk/sites/default/files/Charge_Rates_2018-19.pdf

I plan to work with children and/or vulnerable adults, what checks will be made on me?

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If you are planning to work as a paid employee or as a volunteer for an organisation and your work will bring you into contact with children or vulnerable adults you will be asked to apply for a Disclosure and Barring Service (DBS) check (formerly known as the Criminal Records Bureau). 

Visit the DBS website

I have been asked to submit a Subject Access Request for employment purposes, is this right?

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Certain employers and organisations such as recruitment agencies may attempt to exploit the subject access process by requiring individuals to use it to obtain a copy of their criminal convictions (or evidence that there is nothing held) as part of recruitment or continuing employment processes.

This practice is known as enforced subject access as covered by Section 177 of the Data Protection Act 2018. It is a criminal offence for a current or prospective employer or recruitment agency to require an individual to make a subject access request as a condition of employment or for the provision of goods or services.  They should instead be using the existing formal criminal records check arrangements operated by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland.

How do I obtain a police certificate for emigration or VISA purposes?

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A number of embassies now ask applicants to obtain police certificates to support applications for emigration or visa entries into some countries. These include Australia, Bahamas, Belgium, Canada, Chile, New Zealand, South Africa and the United States of America.

Nottinghamshire Police does not provide these certificates.

If you need to obtain such a certificate, you should contact the ACRO Criminal Records Office (ACRO) using the below link:

Apply for access to information about convictions, cautions, and juvenile cautions and reprimands held on the police national computer (PNC) via the ACRO website.

This takes you to an online application service provided by ACRO.

How can I ask for information to be corrected if it is inaccurate?

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If you consider that any of the information we have provided to you in response to your Subject Access Request is inaccurate, you should write to the Data Protection Officer.

You should set out the information you consider to be inaccurate and explain why.

We will need evidence to be provided in support of your request to amend information held on you.

Therefore, if you have any evidence that shows the information to be inaccurate, you must provide copies with your letter.

The Data Protection Officer will then review the information in question and will either arrange for it to be corrected or explain the reason(s) for deciding not to.

Such enquiries can be sent to the following addresses:

Data.protection@nottinghamshire.pnn.police.uk

Information Management, Sherwood Lodge, Arnold, Nottingham, NG5 8PP

We may ask for confirmation of your identity before processing your request.

How can employers vet their staff?

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If you employ people who will have unsupervised access to children or other vulnerable people, you should contact the Disclosure and Barring Service (formerly the Criminal Records Bureau).

I would like to know what other information (other than convictions) is held about me. How can I find out?

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You need to submit a Local Subject Access Request making it clear what you want to know. We hold a variety of information about individuals on different systems. For example, you may be recorded as a victim of crime, a witness, an offender or a firearm certificate holder. If an incident happened in another part of the country, you need to contact the relevant police force and make another subject access request to them.

More information regarding this process can be found at the below link:

http://www.nottinghamshire.police.uk/access-information/dataprotection

My insurers want me to get a copy of police reports to support a claim. How do I get hold of them?

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Most insurance companies are no signatories to an agreement with Police Forces which allows them to obtain this information from us directly (but usually only with the consent of their insured).

The information that can be disclosed includes basic crime details, complaint and investigating officer's details, crime assessment and how the crime is being investigated (where the information will not compromise a police investigation), victim details (applicant only) and property items.

Please note offender details will only be provided at our discretion, if it is proven that the information is needed for legal proceedings or a court order has been obtained.

You should advise your insurance company to go through the agreed protocols already in place under the Memorandum of Understanding between the National Police Chiefs Council (NPCC) and the Association of British Insurers (ABI).

I am applying for a job and I'm not sure whether I have to declare my convictions?

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This will depend on what sort of job you are applying for, how old your convictions are and what type of convictions you have. 

While many application forms ask people to 'declare all convictions or cautions', unless an exemption applies, you have the right to withhold information about spent convictions and cautions. 

But remember, the period of time the records are held on police computers may exceed the rehabilitation or 'spent' period.

Even if the record has been removed from police records, it may still be held on record by the courts or your conviction may be an exception. You may wish to seek further guidance from the Citizens Advice Bureau.

I need to prove that my driving licence is clean. How do I do this?

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Although we issue fixed penalty notices which can result in fines and endorsements, the records are kept by the Driver and Vehicle Licensing Authority (DVLA).

Visit the DVLA website to find out more about the release of information about yourself.

A small fee may be charged.

I've made a subject access request but haven't received a reply yet. What should I do?

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A Data Controller has up to 1 month from the date of receipt of a subject access request to make a response unless they have advised you that the deadline has been extended (which can be up to a further 2 months) in particular complex cases or those which require a large amount of records to be disclosed.

If a month has passed and you have not received any response from us regarding your request, please email us at: data.protection@nottinghamshire.pnn.police.uk 

You should contact ACRO directly for advice in respect of any subject access request made directly to them.

ACRO Tel: 02380 479920

I made a subject access request but have lost the result. Can I get a duplicate?

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Yes you can but we will charge a fee for the provision of this. This will be based on the cost of administration of the disclosure.

I have been asked to get a 'Memorandum of Conviction' by an embassy. How do I get one?

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A 'Memorandum of Conviction' is a court record. 

If you know the date you attended court, you can request this directly from the court. 

If you don't know the date you can make a Subject Access Request through the Information Management Team.

If you live outside the UK, make the request to the police force in the area where you were last resident.

Can I make a subject access request to get information on someone else's criminal record?

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No. If you make a subject access request it can only be about yourself.

How can I tell if a conviction is 'spent'?

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Convictions normally have a life span after which they do not need to be disclosed to employers. 

The life span is directly linked to the punishment imposed by the court and therefore varies depending on the sentence. 

For more information and advice, visit the National Association for the Care and Resettlement of Offenders (NACRO) website.

What is Disclosure Scotland?

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Disclosure Scotland is available to anyone within the UK. 

Disclosure Scotland is a collection of government-approved agencies that provide suitable reports for employers showing any relevant convictions.

The reports exclude any convictions classified as 'spent' as they should not be relevant to an employment agreement.

Find out more on the Disclosure Scotland website.

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